beta
(영문) 서울중앙지방법원 2014.06.20 2014고단1801

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the duty of driving a rocketing taxi.

On December 20, 2013, the Defendant driven the above taxi on December 20, 2018: 18:39, and driven the 4nd line along the south cycle located in Dobong-dong 913-48, Seocheon-gu, Seoul Special Metropolitan City along the south-do 4nd line from the grhon distance to the Seoul East-do 30km along the speed of 4 lanes.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, due to the negligence of neglecting this, without confirming the signal, the victim D (the age of 66) crossing the crosswalk from the left-hand side in accordance with the pedestrian signals, which was found late, and did not avoid it, and the victim was taken to the front-hand part of the taxi right-hand side of the defendant's taxi and turned the victim's left-hand part over the ground, and the victim's left-hand part was set up with the wheels.

Ultimately, the Defendant suffered injury to the victim, such as double-duplicating the body that requires approximately six weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each statement of E, F and G;

1. The actual survey report on traffic accidents;

1. Each photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as the fact that one does not repent, the fact that one does not subscribe to a comprehensive insurance, and the fact that one does not agree with the victim);

1. Social service order under Article 62-2 of the Criminal Act;